HomeMy WebLinkAboutContract CAG-11-188
AGREEMENT FOR THE SALE OF WATER
IN AN EMERGENCY BY
THE CITY OF RENTON TO THE CITY OF SEATTLE
This AGREEMENT made and entered into this day of Uec.L�/1'1�!',�1, 2011, by the
CITY OF RENTON, a municipal corporation of the State of Washington, hereinafter called
"RENTON" and the CITY OF SEATTLE, a municipal corporation of the State of Washington,
acting through Seattle Public Utilities, hereinafter called "SEATTLE".
WHEREAS, SEATTLE and RENTON have existing interties between their water
systems;
WHEREAS, SEATTLE may experience emergency situations that call for an
augmentation of its water supply, such as certain water shortage periods due to low
snowpack/precipitation, inflows in Cedar and Tolt River Watersheds, a transmission
pipeline break or an episode of high turbidity in one of its reservoirs; and
WHEREAS, RENTON, in the spirit of intergovernmental cooperation during such
water supply emergencies, is willing to sell an increment of water to SEATTLE when
available during non-peak periods; and
WHEREAS, SEATTLE is willing to sell water to RENTON to allow RENTON's ground
water aquifer to recharge, when water is available following a water shortage emergency;
where RENTON has supplied emergency water to SEATTLE; and,
WHEREAS, the parties desire to enter into an AGREEMENT providing for the sale of
water in an emergency from RENTON to SEATTLE, and for the subsequent sale of an
equivalent amount of water from SEATTLE to RENTON, if necessary, to allow recharge of
RENTON's Aquifer.
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
1) Term of AGREEMENT. This agreement shall be in effect beginning on January 1,
2012 and shall remain in effect until January 1, 2062, unless terminated by either
party in accordance with Section 16 of this AGREEMENT. The rates and quantities
of water sold are set forth in Sections (2), (7), and (10).
2) Sale Price of Renton Water. SEATTLE shall pay to RENTON for all water delivered at
the rate, in effect at the time of water delivery, of RENTON's wholesale water rate.
3) Location of Interties: This Agreement is limited to the two (2) intertie locations
described as follows: Tiffany Park Pump Station Interties located at the intersection
of Kirkland Avenue SE and the Cedar River Pipeline right-of-way (Section 21
Township 23 Range 5); and Union Avenue Intertie, located at the intersection of
Union Avenue SE and SE 2nd Street (Section 16 Township 23 Range 5). The physical
arrangement of the interties is shown in Exhibits 1 and 2.
Agreement for the Sale of V1 r in an Emergency by the City of Renton twle City of Seattle
Page 2 of 6
4) Metering. SEATTLE shall provide, and RENTON shall own and maintain, an
appropriate metering device to measure the water flowing from RENTON's system
into SEATTLE's system at the point of service connection. Additional metering
equipment approved by RENTON to transmit signals to RENTON's recording
equipment located elsewhere shall be provided as determined by RENTON, all at
SEATTLE's expense.
5) Priority and Continuity of Service. The determination of whether water is available
for SEATTLE shall be at the sole discretion of RENTON. In the event of a condition
requiring restrictions on the delivery of water, RENTON shall have the right to
restrict or interrupt service to SEATTLE. RENTON may voluntarily interrupt or
reduce deliveries of water to SEATTLE if RENTON determines that such interruption
or reduction is necessary or reasonable. Except in cases of emergency and in order
that SEATTLE's operations will not be unreasonably interfered with, RENTON shall
give SEATTLE reasonable notice of any such interruption or reduction, the reason
therefore, and the probable duration thereof. SEATTLE shall discontinue or reduce
service from RENTON upon reasonable notice from RENTON. Service shall be
reactivated or increased again subject to the aforementioned conditions.
6) Water Quality. The quality of water delivered under this AGREEMENT shall comply
with all applicable provisions of State and Federal law and rules and regulations of
the appropriate State agency governing water quality. In addition to the above
requirements, RENTON agrees to deliver water which shall be of no less quality
than is delivered to its customers throughout the RENTON service area. Prior to any
delivery of water, information on current water quality will be provided to the
receiving party so that blending, compatibility and other water quality issues can be
evaluated and addressed, if practicable.
(7) Quantity of Water. Depending upon water availability in the RENTON system,
RENTON shall make available for purchase by SEATTLE up to the approximate
amount of two million (2,000,000) gallons per day from the existing emergency
intertie located at the Tiffany Park Pump Station. The rate of delivery of water from
Tiffany Park Pump Station system to SEATTLE's system shall vary between zero and
approximately 1,400 gallons per minute. Also in the fall and winter RENTON may
make available an additional amount up to approximately three and one-half
million (3,500,000) gallons per day from the intertie at Union Avenue SE and SE 2nd
Street. The rate of delivery of water from this intertie shall vary between zero and
approximately 2,400 gallons per minute.
8) Miscellaneous Control Devices. RENTON reserves the right to require SEATTLE to install, as
a condition of water service, pressure reducing valves, backflow preventative devices,
pressure relief valves, back-pressure sustaining valves, pipeline flow limiting devices or
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Agreement for the Sale of VV*Vtr in an Emergency by the City of Renton SOlie City of Seattle
Page 3 of 6
similar devices at locations where RENTON determines a need to protect its
facilities.
9) Coordination and Project Management.
A) Operations:
For the purpose of operating the interties between RENTON and SEATTLE,
coordination shall occur between representatives of the systems, who are:
Lys Hornsby, Utility Systems Director, City of Renton
and
Tom Fox, City of Seattle
(or their designated representatives or replacements).
The coordination shall consist of exchanging operational information such as the
interties used, the respective flow rates, back-pressure sustaining valve set points,
system pressure effects, water quality characteristics, and other operational
information as necessary to accomplish the purposes of this AGREEMENT while
maintaining safe operation of both systems.
B. Engineering:
For the purposes of coordinating engineering issues regarding the RENTON and
SEATTLE interties, the following personnel shall be the designated representatives:
Lys Hornsby, Utility Systems Director- City of Renton
and
Tom Fox, City of Seattle
(or their designated representatives or replacements)
The engineering issues addressed shall include operational criteria as well as
hydraulic behavior, water quality considerations, and other appropriate engineering
issues.
C. Administration:
For the purposes of AGREEMENT administration and AGREEMENT modifications or
interpretations,the following personnel shall be the designated representatives:
Lys Hornsby, Utility Systems Director- City of Renton
Renton City Hall — 1055 S. Grady Way, Renton, WA. 98057
and
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Agreement for the Sale of V1` r in an Emergency by the City of Renton 09015e City of Seattle
Page 4 of 6
Tom Fox, City of Seattle
(or their designated representatives or replacements)
Seattle Public Utilities—700th 5th Avenue, Suite 4900, Seattle, WA 98124-4018
10) RENTON's Aquifer Recharge. It is recognized that runoff into SEATTLE's surface
water storage facilities generally exceeds the storage capacity during the winter and
spring months. It may be necessary, due to RENTON supplying water to SEATTLE, to
allow RENTON's aquifer to recharge during the winter and spring months.
Following a water shortage emergency and recovery of SEATTLE's water system
impoundments on the Cedar and Tolt Rivers, SEATTLE will sell water to Renton. The
water sale will be based on availability at the intertie locations between SEATTLE
and RENTON's systems and at such flow rate as is available from the intertie
location during the following winter or spring. The quantity of SEATTLE's water,
made available for allowing RENTON's Aquifer to recharge, shall not exceed the
quantity of water that was supplied by RENTON to SEATTLE during the water
shortage emergency. SEATTLE will sell the water to RENTON at the then applicable
Commodity Charge Rates in effect for RENTON under Seattle Municipal Code
Section 21.04.440.E.2, as it may be amended from time to time, plus any
emergency surcharge, if applicable generally to the wholesale customers at that
time.
The determination of whether water is available for RENTON, to allow RENTON's
Aquifer to recharge, shall be at the sole discretion of SEATTLE. SEATTLE may
voluntarily interrupt or reduce delivery of said water, providing that such
interruption or reduction is necessary or reasonable. Except in cases of emergency,
and in order that Renton's operations will not be unreasonably interfered with,
SEATTLE shall give RENTON reasonable notice of such interruptions or reduction,
the reason therefore, and the probable duration thereof.
11) Payment. The party supplying water shall read the meter once each month at
approximately thirty (30) day intervals. Payment shall be made by the party
receiving water as soon as possible after receipt of statement from the party
supplying water, and in any event, not later than the tenth (10) of the second
month following the presentation of the bill.
In the event a meter shall fail to register or obviously register incorrectly, the
amount of water considered delivered through said meter shall be the amount
delivered the.previous day or the last day that the meter was previously known to
be properly functioning and the total amount registered shall be pro-rated based on
the number of days multiplied times the reading used unless reasonable data is
available evidencing a different total amount.
12) Damages for Late Payment. The party supplying water may assess a late charge on
the party receiving water for failure to comply with the provisions in Section (11).
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Agreement for the Sale of V**efr in an Emergency by the City of Renton SRAe City of Seattle
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This charge shall be at the rate of twelve percent (12%) per year. In the event that
the party receiving water should fail to make any payment for a period of sixty (60)
days after the same becomes due, the party supplying water shall have the right to
terminate further water service until such delinquency is cured.
13) Procedure for Amending the Contract. Either party can request the other to
consider an amendment of the AGREEMENT. Any proposed amendments shall be
made in writing. Amendments may be made if they are mutually acceptable to
RENTON and SEATTLE and signed by both parties.
14) Access to Facilities and Records. Each party shall be entitled to inspect the facilities
of the other at any reasonable time. Both parties agree to make mutually available
such information or records as are at their disposal and as may be reasonably
necessary to properly implement any section of this AGREEMENT.
15) Non-Assignability. Neither this AGREEMENT nor any interest therein shall be
transferred or assigned by SEATTLE without prior written consent of RENTON.
16) Termination. This AGREEMENT may be terminated in whole or in part by either
party any time after one year from the date of this AGREEMENT, upon ninety (90)
days written notice sent by certified mail to the other party.
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Agreement for the Sale of V�ffl'er in an Emergency by the City of Renton tfie City of Seattle
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IN WITNESS WHEREOF, the parties have hereunto set their hands this day and year above
written.
CITY RENTON CITY OF SEATTLE r
By: 7P `Z1 Lt
Denis Law, Mayor 3</ a// Ray Ho an
1b/ ,
2 Director of Seattle Public Utilities
ATTEST/AUTH ENTICATED:
Bonnie I. Walton, City Clerk
APPR VED AS TO LEGAL FORM:
Larry Warren, City Attorney
L,
r "1
s
H:\File Sys\WTR- Drinking Water Utility\WTR-11 - Interagency Cooperation\WTR-11-0012-Seattle Public
Utilities\Emergency Sale of Water 2011\Final_2012_Emergency_water_supply_contract.doc\AG
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